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General terms of sale


General terms of sale

The online shop of the lechateaudubois.com site was set up by LA LAVANDE.

All orders placed for products featured in the online shop on the lechateaudubois.com website suppose the prior consultation of these general terms of sale.
Insofar as the customer wishes to order online the products presented in the online shop, he acknowledges that he is perfectly aware of the fact that his agreement concerning the content of these general terms of sale does not require the handwritten signing of this document.
The customer has the possibility of saving or printing out, under his sole responsibility, these general terms of sale.
The customer declares that the acquisition of these products is without any direct link to his professional activity, their acquisition being reserved for personal use. As a consumer, the customer therefore benefits from specific rights, which will not apply should the products or services acquired as a result of the use of this website in fact be connected to his professional activity.
The online shop set up by LA LAVANDE includes the following information:
1. legal notice precisely identifying LA LAVANDE,
2. presentation of the essential characteristics of the goods offered,
3. indication, in Euros, of the price of the goods, as well as of the delivery charges,
4. indication of the methods of payment, delivery or execution,
5. the existence of a cooling-off period, the period of validity of the offer or price,
6. the conditions for terminating the contract.
The consumer declares that he is legally entitled to commit himself under these general terms of sale.

Article 1: Entire agreement

These general terms express all the obligations of the parties and the consumer is deemed to have accepted without reservation all the provisions laid down in these general terms of sale.
No general or specific condition contained in the documents sent or handed over by the consumer may be integrated into the presents, insofar as such documents are incompatible with these general terms of sale.

Article 2: Object

The aim of these general terms of sale is to set out the rights and obligations of the parties within the framework of the online sale of the goods and services offered to the consumer by LA LAVANDE.

Article 3: Contractual documents

This contract is formed by the following contractual documents, ranked in decreasing order of importance:
1. these general terms of sale,
2. the order form.
In the event of a contradiction between the provisions contained in documents of different ranks, the provisions of the document of higher rank will prevail.

Article 4: Effective date - term

These general terms of sale take effect on the date of signing the order form.
These general terms of sale are entered into for the period necessary to the supplying of the goods and services purchased, until the expiry of the guarantee due by LA LAVANDE.

Article 5: Electronic signature

The customer "clicking" on the order form constitutes an electronic signature which has the same value between the parties as a handwritten signature.

Article 6: Order confirmation

The contractual information will be the subject of a confirmation by email at the latest at the time of delivery or, if not, at the address indicated by the consumer in the order form.

Article 7: Proof of transaction

The computer records, kept in LA LAVANDE's computer system in reasonable conditions of security, will be considered as proof of the communications, orders and payments occurring between the parties.
The order forms and invoices are archived on a reliable, durable storage medium, which may be produced as proof.

Article 8: Information on the products

LA LAVANDE presents on its website the products for sale with the necessary characteristics enabling them to comply with Article L 111-1 of the Consumption Code, which provides that the potential consumer should know the essential characteristics of the products he wishes to purchase before placing his order.
The offers presented by LA LAVANDE are valid only as long as stocks are available.
The photos of the products are non-contractual, the presentation of the items and/or the packaging may change.

Article 9: Prices

Prices are given in Euros and are only valid until the date when the consumer sends the order form.
They do not include delivery charges, which are invoiced on top of the price and indicated before confirmation of the order. The contribution to the cost of delivery is calculated automatically according to the country where the order is to be delivered.
The price includes VAT at the rate applicable on the day of the order and any change in the VAT rate will automatically be applied to the price of the products in the online shop.
Payment must be made in full when the order is placed. At no time may any amounts paid be considered as a deposit or advance.

Article 10: Method of payment

To pay for his order, the consumer may choose from a range of payment methods specified in the order form, namely: credit card, cheque and bank transfer.
The consumer guarantees to LA LAVANDE that he is authorised to use the method of payment chosen by him when he confirms the order form.
LA LAVANDE reserves the right to suspend the handling of any order and delivery in the event of authorisation being refused for a payment by credit card by the officially accredited bodies or in the case of non-payment.
LA LAVANDE reserves the right in particular to refuse to make a delivery or to honour an order placed by a consumer who has partially or entirely failed to pay for a previous order or with whom a payment dispute is outstanding.
LA LAVANDE has set up a an order checking procedure intended to ensure that no-one can use the banking details of another person without the latter's knowledge. As part of this checking process, the customer may be asked to fax to LA LAVANDE a copy of some proof of identity as well as proof of his address. The order will only be confirmed after receipt and checking by our services of the documents sent.

Article 11: Availability of products

The order will be executed at the latest within 30 days as from the day after the consumer places his order.
If the product ordered is unavailable, in particular for reasons attributable to our suppliers, the consumer will be informed as soon as possible and will be entitled to cancel his order.
The consumer will then have the choice of requesting a refund, payable within 30 days at the latest of his payment, or choosing another product.

Article 12: Delivery arrangements

The products are delivered to the address specified by the consumer on the order form and only in Metropolitan France and Europe (see list of countries).
The consumer should check the condition of the packaging of the goods on delivery and inform the carrier by noting any damage on the delivery note, as well as notifying LA LAVANDE within one week.
As far as shipping is concerned, we work mainly with Colissimo Expert France or Colissimo Expert International and sometimes with a private carrier.

THE POST OFFICE

To reduce transport costs as far as possible, small or medium-sized products are shipped using a post office service: Colissimo Expert International. This service delivers in 5 to 10 working days in Europe, to your home address.
If you are absent on the day of delivery, your postman will leave a voucher in your letterbox, allowing you to collect your package from your local post office during opening hours, for a period of 15 days.
Colissimo Expert is a very reliable service, but it is possible, as with any shipment, that there is a delay in delivery or that the package gets lost. In the event of a delay in delivery, we would ask you to inform us of the delay by telephone or by sending us an email. We will then contact the post office to start a search. A post office search can take up to 30 days. If, during this period, the product is found, it will immediately be rerouted to your address; if, however, the product is not found after the 30 days, the post office considers the package as lost. It is only then that we will be able to send you a replacement product, at our expense. If the product(s) ordered are no longer available at that time, we will refund you the amount of the products concerned lost by the carrier. We accept no responsibility for excessive delivery times attributable to the carrier, in particular in the event of the loss of the products or strikes.

PRIVATE CARRIER

The private carrier is only used for heavy or cumbersome shipments. Like the post office, the carrier leaves a non-delivery note if you are absent when he calls and a telephone number so that you can fix a time when he can call again during one of his rounds, or so that you can collect your package at a time that suits you from the agency closest to your home. If you have not received your package within 10 days of confirming your order, do not hesitate to inform us. We will deal directly with the carrier so that the declaration of loss can be made as quickly as possible (no minimum time), and we will then re-ship the product.

Article 13: Delivery problems attributable to the carrier

Any anomaly concerning delivery (damage, product missing compared to the order form, damaged package, broken products...) must be indicated on the delivery note in the form of "handwritten reservations" with the customer's signature. The consumer must also confirm this anomaly by sending the carrier a registered letter with acknowledgment of receipt detailing the said complaints within two working days of the delivery date.
The consumer must also send a copy of this letter by ordinary post to: Le Château du Bois - BP16 - Route de Gordes - 84220 Coustellet - France.Article 14: Delivery errorsThe consumer must make any complaint concerning a delivery error and/or the nonconformity of the nature or quantity of the products compared to the indications given in the order form to LA LAVANDE within 48 hours of the delivery. Any complaint made after this deadline will be rejected.
This complaint to LA LAVANDE should be made
- preferably by telephone on +33 4 90 76 91 23 from Monday to Friday between 8.30 am and 12.00 and 1.30 and 5 pm.
- by going to the "Contact" page of our website.
Any complaint not made in accordance with the rules set out above and within the time allowed will not be taken into consideration, and LA LAVANDE may not be held liable as regards the consumer.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned by Colissimo to LA LAVANDE complete and in its original packaging. For a return to be accepted, LA LAVANDE's mail order department must be informed in advance.
LA LAVANDE will bear the cost of carriage, except if it is found that the product taken back does not correspond to the original declaration made by the consumer on the return form.

Article 15: Product warranty

In accordance with Article 4 of Decree no. 78-464 of 24 March 1978, the provisions of the presents may not deprive the consumer of the legal guarantee that obliges the professional seller to guarantee the consumer against all the consequences of any hidden defects in the items sold.
The consumer is expressly informed that LA LAVANDE is not the producer of all the products presented on the website, in the sense of Law no. 98-389 of 19 May 1998 relating to product liability.
Consequently, in the event of any injury caused to a person or damage caused to property due a defect in the product, only the producer of the latter may be held liable by the consumer, on the basis of the information given on the packaging of the said product.

Article 16: Cooling-off period

The consumer is entitled to a cooling-off period of 7 calendar days, during which he may return, at his own expense, any products that are not to his liking. This period begins on the day of the delivery of the consumer's order. LA LAVANDE's mail order department must be informed in advance of any return.
- preferably by telephone on +33 4 90 76 91 23 from Monday to Friday between 8.30 am and 12.00 and 1.30 and 5 pm.
- by going to the "Contact" page of our website. The product must be returned by registered Colissimo to: Le Château du Bois - BP16 - Route de Gordes - 84220 Coustellet - France.
Only products sent back complete and intact, in their original packaging, and in perfect resale condition will be taken back. Any product that has been damaged or whose original packaging is damaged, will be neither refunded nor exchanged.
This cooling-off period applies without penalties, except for the return carriage costs. If the customer decides to return a product during the cooling-off period, he has the choice of requesting either a refund of the amount paid, or another product in exchange. In the case of an exchange, the new shipment will be made at the consumer's expense.
If the customer decides to return a product during the cooling-off period, LA LAVANDE will make every effort to refund the consumer within 15 days.
The consumer will be then be refunded by crediting his bank account (secure transaction) in the case of a payment by credit card, or by cheque in the other cases.

Article 17: Force majeure

Neither of the two parties will be deemed to have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or case of force majeure.
Will be considered as fortuitous events or cases of force majeure any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which could not be prevented by the latter, in spite of all reasonably possible efforts.
The party affected by such circumstances will inform the other party of them within ten working days of the date when it becomes aware of them.
The two parties will then come together within one month, unless this is impossible due to the case of force majeure, to examine the impact of the event and agree upon the conditions in which the performance of the contract may be continued.
If the case of force majeure lasts for more than three months, these general terms of sale may be terminated by the injured party.
Are expressly considered as cases of force majeure or fortuitous events, as well as those usually accepted by case law in the French courts:
1. the blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning,
2. the breakdown of the telecommunication networks or difficulties specific to the telecommunication networks external to the customers.

Article 18: partial non-validation

If one or more of the stipulations of these general terms of sale are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

Article 19: Non-waiver

The fact that one of the parties does not avail itself of the other party's failure to fulfil any one of its obligations under these general terms of sale may not be construed for the future as a waiver of the obligation in question.

Article 20: Applicable laws

These general terms are subject to French law. This applies to rules regarding both content and form.
In the event of a dispute or complaint, the consumer will contact LA LAVANDE as a priority with a view to reaching an amicable solution.

Article 21: IT and civil liberties

The information requested from the consumer is necessary to the processing of his order and may be communicated to LA LAVANDE's contractual partners involved in the execution of this order.
The consumer may write to LA LAVANDE, whose details can be found in the confidentiality charter in the website, to oppose such a communication, or to exercise his rights of access or rectification regarding any information concerning him and included in the files of LA LAVANDE, in the conditions laid down by the Law of 6 January 1978.
Le Chateau du Bois en Provence - © 2010. All rights reserved. Producteur et distillateur de Lavande fine en Provence. contact us
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